Revolutionary War Pension and Bounty Land Warrant Application File S. 10,723, John Gay, New York

SERVICE
NEW YORK
Gay John
NUMBER _____
S. 10723
carded:
CONTENTS

New York 30.11.16
John Gray
of Montgomery, in the State of N. York who was a private in the Co. of the by Captain Dodge of the Regt. commanded by Col. M'Intosh in the N. York time for 6 Mos.
Inscribed on the Roll of N. York at the rate of 20 Dollars and Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 3 day of Aug 1833 and sent to J. W. Denny Johnstown
Arrears to the 4th of Mar '33 $ 4 00 Fem. ant. allowance ending 1st '33 1 00 $ 5 00
Recorded by { Revolutionary Claim, } Act June 7, 1832. } Clerk, Book 60, Vol. 3, Page 58

State of New York Montgomery County
On the 12 th day of December in the year of our Lord 1832: personally appeared before the Court of Common Pleas, now sitting, John Gay, a resident of the Town of Johnstown in the County of Montgomery & State of New York aged 75 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7. 1832: That he entered the Service of the United States under the following named officers, and served as herein stated; Your Applicant says that in the Spring of the year 1776 he was drafted  volunteered in the Service in the Company of Capt Henry Dodge, Lieut Joel Wick, the ensigns name he does not recollect belonging to Col Mirelts Militia Regiment the other officers name he does not recollect and went under the above officers and from Poughkeepsie his then place of residence to Fishkill and from thence to Albany & from thence to Schenectady and so up to Johnstown and from the latter place to Saratoga the month when he went out and when discharged he cannot state; but says he was out at the time four months And your Applicant further says that the year before this 1776 he was impressed or drafted to go with his Fathers team into the Service and went from his said place of residence to Patskill and from thence to Philadelphia and served for the term of three months as such teamster. And your applicant says, that he resided in the County of Berks during the war of the revolution, and that that section of country, as he supposes is well known to this Hon. Department was very much exposed to the enemy and the Militia of that place were frequently called out: And that your applicant as one of such Militia was frequently called out and did go out during the war under Captains Isaac Cenkling & Lemuel Cenkling belonging to the Regiment above mentioned & also Capt Joseph Haguman the other officers of those different Companies he does not recollect. He served this time in the militia under the above named Captains, by pieces nearly eight, ten, and twenty days at a time: He says he has been afflicted with the palsy which has impaired his memory very much so that its impossible for him to state the length of time he was out at each time and different places he went to. And this applicant

Says that he has served more than three months at three different times but to place it within bounds says that he claims pay only for three months in the Militia & that his service amounts in all to nine months for which he claims a pension And your applicant says he was born in Poughkeepsie in the year 1757. And has no record of his age; He was acquainted with none of the regular officers; He has no discharge; He served as a private He is acquainted with the following persons residing in his neighborhood who can testify as to his character for truth and veracity and their belief of his services as a soldier of the revolution to wit Aaron Haring John L. Hutchinson, He is not acquainted with the following persons Sworn & Subscribed the day and year aforesaid. John H. Gay Geo: D. Ferguson (W.
We John L. Hutchinson & Aaron Haring residing in the town of Johnstown & Ephratah, hereby certify, that we are well acquainted with John Gay, who has subscribed and sworn to the above declaration, that we believe him to be 75 years of age; that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. John L. Hutchinson Aaron Haring Sworn & Subscribed the day & year aforesaid. in open Court Geo: D. Ferguson (W.
John Gay Application

State of New York } Montgomery County } ss
On this 12th day of December 1832 personally appeared in Open Court before the Court of Common Pleas of Montgomery County, New Sittling, John Vanderburgh of Norway of Herkimer County, aged seventy years, who being duly sworn, says that he was well acquainted with John Gay during the war of the Revolution. And this deponent says that the said John volunteered in the service of the States he thinks in the year of 76 76 in the Spring of the year the month he cannot state and returned in the fall of that year. And served the term of four months under Captain Henry Dodge, Lieut Joel, Wicks, the Ensigns name he does not recollect belonging to Col. Mairs Infantry Regiment, the other Regimental officers he does not recollect. That he this deponent and the said John went from Poughkeepsie Dutchess County under the above mentioned officers to Fishkill, and from there to Albany and from there to Schenectady and thence to Johnstown and from there to Saratoga. And this deponent says that the said John Gay was as he now thinks impressed or drafted with his fathers team to go into the service of the U. S. that the said John went from Poughkeepsie to Peekskill & so on to Philadelphia the year this deponent thinks was 1775 and this deponent heard that the said John was out at different other times, that this deponent says that he was out three months as such teamster and further saith not
Sworn & subscribed the day & year aforesaid in open Court
John Vanderburgh
Geo: D. Ferguson, Clerk of Montgomery County
And the said Court declare it to be their Opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named Applicant was a Revolutionary Soldier and served as he states. And the Court further certifies that it appears to them that John Hutchinson who has signed the preceding Certificate is a credible person resident in the town of Ephratah & that Aaron Haring who has also signed is a resident in Johnstown & their statement is entitled to credit

State of New York Montgomery County ss
I George D Ferguson, Clerk of the Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings of the said Court in the Matter of the Application of John Gay for a pension. And Also that John Van Den Bough personally appeared in open Court before the Judges thereof, and made oath to the affidavit by him subscribed; and the said Court did declare it to be their opinion that the said John was a respectable person & entitled to credit.
In testimony whereof, I have hereunto set my hand and seal of office this Sixth day of July Eighteen hundred and thirty Three
Geo. D. Ferguson Clerk By R. H. Bushney Dep Clerk

95556
Send Answer to Mrs O'Brien Johnstown Mount County New York

State of New York Montgomery County
§ 88
James Van De Bogart being duly sworn says that he was well acquainted with John Gay during the period of the Revolutionary war & says that he knows that the said John served during the war of the Revolution; and he says, that at the time, so far as he knows he says he saw said John engaged in the military service he says that the said John was in the skirmish fought at Poughkeepsie between the British and our men and this deponent says, that the Col was Cortland, the other officer name he does not recollect. He does not so know how long the said John served.
Sworn & subscribed this 8 th day of June 1833 James Van his De Bogart Before me Aaron Haring Jus Pacis mark
I certify that he is a credible witness John Van De Bogart A. Haring
State of New York Montgomery County
§ 88
I Richard H. Cushman Deputy the Clerk of the County of Montgomery  Do hereby do hereby Certify that Aaron Haring Esq m before whom the above affidavit purports to have been sworn was on the day of the date thereof a Justice of the peace in & for said County & that I am well acquainted with his hand writing & verily believe that the name therein subscribed is such justice to be genuine
In Testimony whereof I have hereunto subscri- bed my name and affixed the seal of the said County this sixth day of July 1833 R. H. Cushman

N o 25886
John Gay Montgomery County New York
Admitted Private business
Team service disallowed
J. V. Berry. Johnstown Montgomery County N o York

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Gay Montgomery County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Col Sprg. 1776 — 4 — private Capt Dodge Col Wirtfeldt 75 years Traditional evidence & two   Draft 1775 — 3 — transfer team Capt Conkling & Capt Hagerman Rough house Witnesses certified credible —   Served — 2 — — — Ditches County papers correct —  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }  On this                      day of                      personally appeared (a) before A. B. a resident (b) of                      in the county of                      and State, Territory or District of                      aged (c)                      years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)                      , with                      and served in the                      (e) regiment of the                      line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I                      of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of                      for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of                      &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the                      and C. D. residing in (the same)                      , who has hereby certify, that we are well acquainted with                      , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the                      and that C. D., who has also signed the same is a resident in the                      and is a credible person, and that their statement is entitled to credit.
I,                      Clerk of the Court of                      do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev. John
10723
INVALID
File No. 10723
John Gay Briv. Rev. War.
Act: June 7 th 1832
Index:—Vol. a , Page 188
[Arrangement of 1870.]

BOUNTY LAND WARRANT RECORD CARD*
NAME Gay, Jonathan GRADE Corporal LINE Massachusetts
WARRANT NUMBER 4272 ACREAGE 100 ISSUED May 24, 1790 To not shown
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.